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In New York, an 18 year old person no longer subject to an order of custody. S/he can choose where s/he wants to live. Moreover, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable. The preference of the child is considered, as it may indicate which parent has bonded more with the child.
So, if your 17 year old wants to live with you, it is likely that the court will give his/her preference a great deal of consideration. Moreover, if your 17 year old is going into his/her senior year of high school, it is unlikely that the court will want to make him/her change schools--especially if your spouse lives in a different school district than you do.
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I see that in your response you have the following:
Courts favor children continuing to reside with their siblings
While the main reason for my 17yo wanting to be with me is our
relationship we have, but they also would rather not remain with my 15yo.... That has been strained for a long time between the two of them.
Would this be considered as well?
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